TN process 4 Ind Born Can Citizen while GC under process.

G

gafadis

Registered Users (C)
Dear advisers,
I am Indian born Canadian Citizen. My GC is under process as prospective employee. My Labor approved PD-Jan 2003, and I140 approved Sep 2007.
1. How much time do I wait for Toronto, Canada consular processing. What is next step and procedure.

2. If I wish to work in the US mean time can I apply for TN visa with same employer or any other employer while GC under process for future employment.

Advisers are greatly appreciated.
 
gafadis said:
Dear advisers,
I am Indian born Canadian Citizen. My GC is under process as prospective employee. My Labor approved PD-Jan 2003, and I140 approved Sep 2007.
1. How much time do I wait for Toronto, Canada consular processing. What is next step and procedure.

2. If I wish to work in the US mean time can I apply for TN visa with same employer or any other employer while GC under process for future employment.

Advisers are greatly appreciated.
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Since you have filed for consular processing you should have no issues if you apply for a TN at this stage.
 
Dear George,
Thanks for the reply.
:confused: I heard dual intent is not allowed (non-imm and imm visas). Can you please comment on this.

Appreciate it.
 
gafadis said:
Dear George,
Thanks for the reply.
:confused: I heard dual intent is not allowed (non-imm and imm visas). Can you please comment on this.

Appreciate it.
Click to expand...

Dual Intent only comes into play if you've filed an I-485. A pending consular interview to obtain a green card is not proof of immigrant intent, because you are performing this action outide of the borders of the United States. The only real proof of immigrant intent is if someone has a pending I-485, "Application To Register Permanent Residence or Adjust Status". There is no other document that explicitely proves immigrant intent.

Therefore, since a TN does not allow for a person to have dual intent (defined by having both immigrant intent and at the same time as having temporary intent), one cannot apply for a TN once the I-485 is pending.

Since you do not have an I-485 that is pending, by the simple nature that you've filed for consular processing, you do not have immigrant intent, and therefor, you continue to qualify for a new TN, until your consular interview has been approved, and you enter the United States as a Permanent resident.
 
curiousGeorge said:
Dual Intent only comes into play if you've filed an I-485. A pending consular interview to obtain a green card is not proof of immigrant intent, because you are performing this action outide of the borders of the United States. The only real proof of immigrant intent is if someone has a pending I-485, "Application To Register Permanent Residence or Adjust Status". There is no other document that explicitely proves immigrant intent.

Therefore, since a TN does not allow for a person to have dual intent (defined by having both immigrant intent and at the same time as having temporary intent), one cannot apply for a TN once the I-485 is pending.

Since you do not have an I-485 that is pending, by the simple nature that you've filed for consular processing, you do not have immigrant intent, and therefor, you continue to qualify for a new TN, until your consular interview has been approved, and you enter the United States as a Permanent resident.
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I have contacted a few Lawyers and all of them suggested that either before or during the GC Process, I should convert from TN to H1. Also I can't leave the country or renew TN once I apply for the consular processing. Is it true?
Can you suggest the Lawyer with whom you launched the GC process. I went thru your summary of the process and very much interested to complete the GC process. Thank You for your effort & time you took to post the details
 
k_nraj said:
I have contacted a few Lawyers and all of them suggested that either before or during the GC Process, I should convert from TN to H1.
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-- That is NOT true!

Also I can't leave the country or renew TN once I apply for the consular processing. Is it true?
Click to expand...

-- While it is NOT true, it is risky. Someone on the TN forum was questioned, but was finally admitted.
 
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